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(영문) 서울중앙지방법원 2019.05.08 2019고단948
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Busan District Court’s Busan District Court’s Branch on May 6, 2008 and KRW 2 million as a fine for the same crime, etc. on September 30, 201 from the same court.

1. Around 00:26, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a vehicle of CKB (K5) under the influence of alcohol level of 0.100% in front of Seocho-gu Seoul Metropolitan Government on the blood alcohol level at around 00:26, and continued to run a vehicle of CKB (K5) with a speed of approximately 30-40 km from the surface of the art prior to the front of the art.

Since there is a wide range of traffic and a large volume of traffic at the latest time, in such a case, the driver of the vehicle has a duty of care to operate direction direction, etc. in advance to the driver of the vehicle, and to change the lane.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look at the front side of the taxi while changing the lane, and received the back part of the taxi's right side of the taxi driven by the victim D (the age of 68) who was driving in the first lane as the front part of the passenger car.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered bodily injury, such as climatic salt, tension, etc., from the victim E (the age of 26) who was on board the said taxi for about two weeks.

2. Around 00:26, 201.00: (a) the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.10% from the parking lot near Songpa-gu Seoul Metropolitan Government F to approximately 9km in Seocho-gu Seoul, Seoul, the Defendant driven a vehicle of C KSB (K5) with a blood alcohol concentration of 0.10% from the parking lot near the Songpa-gu Seoul Metropolitan Government F to the frontway of Seocho-gu.

Accordingly, the defendant driving a car under the influence of alcohol in a situation where he has a drinking power twice or more times.

Summary of Evidence

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